Idaho Employment Legal Questions

Do you have any other way of contacting this institute? It is possible that a phone call could clear up the situation. If you are looking for a specific statement, they be able to create one for you. If not, and you are looking for proof for tax purposes, the e-mail you received should suffice. You have a receipt for the amount paid, and that e-mail confirms the amount of your refund. The remainder is the amount paid for the program.... Read More

Assuming that your disability meets the definition under the ADA (a condition that substantially limits a major life activity and is expected to last for at least 6 months), then the employer is obligated to provide you with a reasonable accommodation that allows you to perform the essential duties of your job. The accommodation must be reasonable, allow you to perform the essential duties of your job, and must not impose an undue hardship on the employer.  Simply providing a doctor note does not require the employer to accommodate you if your medical condition does not meet the definition of a disability or request a reasonable accommodation allowing you to perform your essential job functions. By way of example, if you have a back problem and need an ergonomic chair to alleviate the pain so you can perform your duties, this must be provided.  Working from home a few days a week is sometimes reasonable, but for some jobs may not be a reasonable accommodation. These cases are very fact intensive so you would need to speak with an attorney in your area to review your case in detail. ... Read More

It really depends on the underlying basis the employee is out on disability. With 20 employees you are not subject to FMLA. You may be required under the ADA to provide reasonable accommodations to the employee. If your employees are unionized, then you should first look to the collective bargaining agreement. Another consideration is what, if anything, have you done in the past with similar situations.... Read More

You can certainly file a lawsuit against your employer for racial discrimination pursuant to state and federal law. Can you provide me with more details regarding the discrimination. For example, how long has the discrimination been going on; are you the only non-Caucasian employee; how long have you worked for this employer?... Read More

There are a lot of issues tied up in here. I would call some lawyers that do employment discrimination and ask about it. 1) Lawyers don't usually get to call people they think have claims and ask to help. Something is either wrong or missing here. 2) They are supposed to watch deadlines for you unless they are pretty clear that they are not going to do that. The question is did you hire them. If you paid a fee the answer is probably yes unless they were clear that they were only doing a consultation or similar. 3) Because there are also state law claims in every discrimination case, it may not matter if you missed a deadline related to EEOC unless there is a good claim for punitive damages in the particular case. In sex harassment or other discrimination cases you can only get punitive damages in Washington State if you go to EEOC and file within 90 days of the right to sue, but all the other types of damages are available whether or not you do that. This is called "exhausting your administrative remedies" with EEOC. If it's a race or national origin discrimination case then you don't have to go to EEOC to get punitive damages anyway. Hope this helps. It's not a good sign that the lawyer missed any deadline, and it may make sense to talk to other lawyers about the situation, consider changing lawyers, or at a minimum try to take a more active role in your case.... Read More

You could sue if the policy discriminates based upon some legally protected characteristic such as race, religion, gender, or age, and if you have that protected characteristic. You could also sue if the policy is only being enforced against you because of your legally protected characteristic. (Your desire to express yourself through your chosen hairstyle is not a legally protected characteristic.)... Read More

Anyone can be sued, but as a lawyer I am not interested in suing anyone for such a thing (certainly not on a no recovery no fee basis also called a contingency fee basis), and I doubt if the person can pay a lawyer to sue you under any other fee arrangement. While it's not legal advice but merely practical thoughts here, I would not worry about being sued, but about the conflict itself and how to resolve it without getting fired or having to work at someone who is upset with you.... Read More

You should first determine if the official records are correct. If not, the below will have instructions on how to correct this. In GA, You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments ord.... Read More

you should be eligible for unemployment comp in GA, if you are capable of working somewhere, but not capable of doing your old job, and your employer will not OR can not accommodate. However, in GA, if you are on any type of leave at your own request, including FMLA, you are not eligible for u. comp. This is a strange rule, but it predates FMLA, and applies to any type of leave at YOUR request. So, if you are already on FMLA, no U.Comp.... Read More